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snowquail Asked June 2016

One beneficiary has died on my Mother's will. Now what?

My mother did not think she would outlive her children. According to her will, the spouse of the beneficiery will get nothing. However this one spouse of the deceased beneficiery (died from copd) is special because she lived close to my mother and assumed to care for her. After awhile I realized she was burnt out and I moved my mother's care to a sister who is a retired nurse. My mother recently turned a bad corner and is completely bedridden. If my mother died we think this one spouse should get some money. But my mother is too far gone to sign anything and if she could, she doesn't remember the care that spouse gave her. I am the POA and executor but I am not allowed to update beneficieries. I could build up money in the checking account to give to her but the bank will throw me into probate if there is over $10,000 in there and I need some of that for a headstone and such. I am contacting the other beneficieries (one brother and two other sisters) to see if I can get agreement on this one spouse. We 3 sisters seem in agreement to give our half-brother's share to his wife, but have yet to here from the brother. It must be unamious. Any ideas of where to store the money for her without my mother's signature and not in her checking account?

cwillie Jun 2016
If, when your mother dies, all the beneficiaries are in agreement to share the estate with your SIL I can't see any reason it can't be done, essentially you would each be giving her a gift of a portion of your share. Even if brother won't agree the sisters can still gift SIL a portion of their inheritance, but of course that means bro will get more than any one else because he keeps his full share. I'm not sure if there would be tax implications involved since this would involve a gift and not an inheritance?
I'm not sure why you are looking for somewhere to stash the funds, just pool all the assets and do the math once the estate is settled.

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